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STATE v. STEARNS

No. A99A1750.

524 S.E.2d 554 (1999)

240 Ga. App. 806

The STATE v. STEARNS.

Court of Appeals of Georgia.

Reconsideration Denied November 16, 1999.

Certiorari Denied May 1, 2000.

Attorney(s) appearing for the Case

Gwendolyn R. Keyes, Solicitor, David M. Zagoria, Thomas E. Csider, Assistant Solicitors, for appellant.

Monte K. Davis, Atlanta, for appellee.

PHIPPS, Judge.

Police set up a roadblock north of a cluster of nightclubs and bars as they were closing. Only vehicles driving north were stopped. Stearns was charged with DUI as a result of evidence obtained by police after he was detained. Because only vehicles proceeding in one direction were stopped, the trial court determined that the roadblock was unconstitutional and granted Stearns's motion to suppress. The trial court's decision turns on a misapplication...

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